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REAL ESTATE Opinion on Lease clause

Starsky

New Contributor
Aug 29, 2007
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All,

I have a clause in my lease that seems to be a stumbling block for a cpl tenants that Ive had, & it only comes up AFTER they have signed the lease. (I guess I will never understand why people would sign something without reading it) Here it is----

REPAIRS: Management will make necessary repairs to the dwelling and systems including electrical, plumbing, heating and hot water heating with reasonable promptness after receipt of written notice from resident. Resident agrees to bear the first $50.00 of the cost of these repairs during each calendar month. Management will bear all costs above the first $50.00 for repairs. If any damage, beyond normal wear and tear, is caused by resident or his guest, resident agrees to pay management the cost of repair with the next rent payment or upon termination of this agreement, whichever comes first.

What are the fellow board members opinions of this clause?

Thanks
 

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kurtyordy

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Aug 28, 2007
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I like it. To avoid problems, I go through my lease with tenants point by point, and if there something I think might be sticky, I have them initial that paragraph as further validation that they have read and understood it.
 

Runum

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Hey Starsky. From what I see is that you are trying to do two things with that clause. You are trying to get the tenants to be responsible and minimize damages to your property. You are also trying to recoop some of the expenses associated with the repairs. However, there is another possible unintended consequence. The tenants may not report any problems at all so they would not have to pay for repairs. If the problem was, say, a water leak, then by the time you find out there is a problem, real damage has occurred and they are ready to cut and run. Just my opinion. Good luck.:cheers:

Greg
 
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Starsky

New Contributor
Aug 29, 2007
106
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15
I like it. To avoid problems, I go through my lease with tenants point by point, and if there something I think might be sticky, I have them initial that paragraph as further validation that they have read and understood it.
I did that with my last new tenant & they understood.. What I also did was made up a welcome letter that highlights the important clauses in the lease because as it seems, people just dont read anymore.. Its almost like i'm teacher or something..
 
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Starsky

New Contributor
Aug 29, 2007
106
4
15
Hey Starsky. From what I see is that you are trying to do two things with that clause. You are trying to get the tenants to be responsible and minimize damages to your property. You are also trying to recoop some of the expenses associated with the repairs. However, there is another possible unintended consequence. The tenants may not report any problems at all so they would not have to pay for repairs. If the problem was, say, a water leak, then by the time you find out there is a problem, real damage has occurred and they are ready to cut and run. Just my opinion. Good luck.:cheers:

Greg
I hear you, however thats why I obtain a security deposit so if they dont pay it will be deducted from that lump sum
 

bflbob

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I hear you, however thats why I obtain a security deposit so if they dont pay it will be deducted from that lump sum
I security deposit won't cover the kind of damage that can occur if a water leak, or an electrical arc, or those types of things occur.

If you are expecting them to replace light bulbs, tell them. If you are expecting them to unclog their own drains, tell them (but provide the tools).

But don't expect someone who is renting to fix a leaky pipe behind the wall in the shower. If they need to come up with $50, or risk having you charge them that much, they might just not let you know until the tub falls through the floor.

It is a landlord's job to take care of a building -- not the tenants.

A better clause might be: Tenant is expected to resolve all small issues, such as clogged drains and dead light bulbs in the ceiling fixtures. Tenant is to provide landlord with receipts (up to $50) for the costs of such items, and deduct the amounts from their rent. Issues of a more urgent nature should be referred to the landlord for immediate attention.
 
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Starsky

New Contributor
Aug 29, 2007
106
4
15
I security deposit won't cover the kind of damage that can occur if a water leak, or an electrical arc, or those types of things occur.

If you are expecting them to replace light bulbs, tell them. If you are expecting them to unclog their own drains, tell them (but provide the tools).

But don't expect someone who is renting to fix a leaky pipe behind the wall in the shower. If they need to come up with $50, or risk having you charge them that much, they might just not let you know until the tub falls through the floor.

It is a landlord's job to take care of a building -- not the tenants.

A better clause might be: Tenant is expected to resolve all small issues, such as clogged drains and dead light bulbs in the ceiling fixtures. Tenant is to provide landlord with receipts (up to $50) for the costs of such items, and deduct the amounts from their rent. Issues of a more urgent nature should be referred to the landlord for immediate attention.
I see your point, basically spell out for them their responsibilities..

Im not expecting them to care for the building for me, thats not in my motives for the clause, my motive was to let them know that anything that is beyond the scope of an "age" issue (such as leak in roof, septic, etc) that they bear the first $50 of that expense.
 

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